TERMS & CONDITIONS
1. Terms and Conditions of Use
By using the Website and in consideration of the Website Owner providing you with access to the Content and facilities provided, you agree to the following Terms and Conditions of User. The following defined terms are used in these Terms and Conditions. Content means the information, documents, graphics, materials and all the works shown on the Website.
Materials has the same meaning as Content. Motel Molly means the motel accommodation located at 2 Shepherd Steet, Mollymook NSW 2539. Terms and Conditions of Use means the terms and conditions contained in this document.
User means the person who is using the Website, in whatever part of the world that they may be. Website means the website located at https://motelmolly.com.au/
Website Owner means Australian Coastal Hotel Group Pty Ltd (ACN 657 743 756), being the registrant.
2. About the Website
The Website enables the User to enquire about Motel Molly and its accommodation and other related products and services, and make online bookings via the booking page (‘Services’).
3. Acceptance of these Terms
You accept the Terms and Conditions of Use by using the Website or making a booking for accommodation under the Terms and Conditions of Use. You may also accept the Terms and Conditions of Use by clicking to accept or agree to the Terms and Conditions of Use where and if this option is made available to you by the Website in the user interface.
4. Restrictions on Use
The User must not use the Website and the information and facilities contained in it in any unlawful way, or for any illegal purpose, or in any manner that infringes the rights of the Website Owner.
In addition, the User must not:
(a) data mine or conduct automated searches on the Website or the Content on the Website, whether through the use of additional software or otherwise;
(b) incorporate any of the Content on the Website or the Content, including advertising or promotional Materials;
(c) frame or mirror the Website without the Website Owner’s prior written consent;
(d) tamper with, hinder the operation of, or make unauthorised modifications to the Website or any Content;
(e) knowingly transmit any virus, worm or other disabling feature to or via the Website;
(h) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
You access the Website at your own risk and you are responsible for compliance with the laws of your jurisdiction (in your home country) and these Terms and Conditions of Use.
5. Privacy Policy
In using the Website, you are deemed to accept our Privacy Policy which appears on the Website.
6. Provision of service
We may without notice suspend the Website or disconnect or deny you access to any part of the Website during:
(a) any technical failure;
(b) maintenance period that the Website Owner decides to utilise;
(c) if you do, or allow to be done, anything which in our opinion may have the effect of jeopardising the
operation of the Website.
The Website Owner may make improvements and or changes to the Website or the Content at any time without notice to you. We do not warrant that the site architecture or navigation will not change now or at any time into the future.
7. Intellectual Property
You may download, print or copy information on the Website for your own use. Apart from this, you shall not sell, lease, furnish or otherwise permit or provide access to the Website to any other person and you must not use, reproduce, communicate, publish, or distribute any of the Content on the Website, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth). In particular, you must not reproduce or use any of the information on the Website for commercial gain.
8. General Disclaimer
Nothing in the Terms and Conditions of Use limits or excludes any guarantees, warranties, representations or conditions implied or implied by law, including the Australian Consumer Law (or any liability under them (which by law may not be limited or excluded).
Subject to this clause and to the extent permitted by law:
(a) All terms, guarantees, warranties, representations which are not expressly stated in the Terms and Conditions of Use are excluded; and
(b) Will not be labile for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss or profit or opportunity, or damage to goodwill arising out of or in connection with the Website, Content or its services or these Terms and Conditions of Use, whether at common law, under contract,
tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Content is at your own risk. Everything on the Website and the Content is provided to you ‘as is’ and ‘as available’ without warranty or condition of any kind.
(d) Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of date, communication failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(e) The accuracy, suitability or currency of any information on the Website, the Content, or any of its services related products (including third party material and advertisements on the Website);
(f) Costs incurred as a result of you using the Website, the Services or any of the products of the Website Owner; and
(g) The Content or operation in respect to links which are provided for your convenience.
(h) You acknowledge that the Website, Content and Services are only intended to facilitate the interactions between the User and Website Owner and does not offer any services other than the Services and products available on the Website.
9. Limitation of Liability
(a) The Website Owner makes the Website available for Users to use, however it does not assume a duty of care to Users. The Website Owner makes no warranties or representations regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Content or the Materials.
(b) The Website Owner does not warrant or represent that the Website or Materials will not cause damage or are free from any computer virus or any other defects or errors.
(c) Where any law implies a warranty into these Terms and Conditions of Use which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at our option be limited to the supply of the Services again, or the payment of the cost of having them supplied again.
(d) Where liability cannot be excluded, any liability incurred by the Website Owner in relation to the use of the Website or the Content is limited as provided under the Competition and Consumer Act 2010 (Cth) or any superseding legislation.
(e) Under no circumstances will the Website Owner be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to use or reliance on Content on it’s Website.
10. Links from the Website
(a) The Website Owner makes no warranties or representations that Material or Content on other websites to which the Website is linked does not infringe the intellectual property rights of any person anywhere in the world.
(b) The Website Owner is not authorising infringement of any intellectual property rights contained in material or Content on other sites.
11. Copyright in Content
(a) Unless otherwise indicated, the Website Owner reserves all copyright in the Content and design of the Website. The Website Owner owns all such copyright or uses it under licence or applicable law.
(b) Other than for the purposes of and subject to the conditions under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Materials may in any form or by any means (including framing, screen scraping, electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without the prior written permission of the Website Owner.
(c) The Website Owner is the owner of several trade marks which appear on the Website. Unauthorised use of these trademarks will infringe our intellectual property rights.
(d) The Website Owner reserves all other rights in Content and the Website.
12. Accommodation Booking Policy – Cancellation Policy
Cancellation Policy will be advised to the User at the time of booking.
We recommend travel insurance to cover for cancellation policies. Cancellation payment amount may be chargeable to the credit card anytime from notice of cancellation.
13. Refund Policy
(a) Notwithstanding any other Terms and Conditions of Use, if you are unsatisfied with any product or service provided by the Website Owner, the you may write to us via the “Contact us” section of the Website and request a refund and outlining the basis under which a refund is sought.
(b) If the Website Owner is satisfied that sufficient grounds have been established and that you are entitled to a refund, then the Website Owner will process such refund within fourteen (14) days.
(c) You acknowledge that you will comply with the refund policy outlined herein.
14. Severance
If any part of these Terms and Conditions of Use are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the document and the severed part will not affect the validity and enforceability of the remaining terms and conditions.
15. Applicable Law
These Website Terms and Conditions and the Content on the Website are governed by the law applicable in the state of New South Wales, Australia.
16. Jurisdiction
The Website Owner and the User irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia in the event of a dispute over these Terms and Conditions of Use or the Materials contained herein.
17. Indemnity
By using the Website, you indemnify the Website Owner and its respective officers, employees and agents (the Indemnified) against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that the Website incurs or suffers as a direct or indirect result of:
(a) a breach by you of these Terms and Conditions of Use;
(b) an actual or alleged breach by you of any law, legislation, regulation, by-law or code of conduct caused by data uploaded or downloaded from the Website; and
(c) any claims brought by or on behalf of any third party relating to any act or omission by you, including breach of a third party’s copyright or trade mark.
18. Changes to Terms and Conditions
The Website Owner may change these Terms and Conditions of Use at its discretion by providing notice on the Website or uploading change to the website. The current version of the Terms and Conditions of Use will be available on the Website at any time.
19. Waiver
If the Website does not act in relation to a particular breach by you of these Terms and Conditions of Use, this will not be treated as a waiver by the Website Owner of our right to act with respect to subsequent or similar breaches.
20. Dispute Resolution
(a) Compulsory
If a dispute arises out of or relates to the Terms or Conditions of Use, either party may not commence any Tribunal to Court proceedings in relation to the dispute, unless the following clause have been complied with (except where urgent interlocutory relief is sought).
(b) Notice
A party to the Terms and Conditions of Use claiming a dispute (‘Dispute’) has arisen under the Terms and Conditions of Use, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
(c) Resolution
On receipt of that notice (‘Notice’) by that other party, the parties of the Terms and Conditions of Use
(‘Parties’) must:
(i) Within fourteen (14) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, fourteen (14) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of NSW or his or her nominees;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation
(iv) The mediation will be held in New South Wales, Australia.
(d) Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible must be treated as ‘without prejudice’ negotiations for the purpose of applicable laws of evidence.
(e) Termination of Mediation
If fourteen (14) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
21. Entire Agreement
These Terms and Conditions and any warranties implied by law which are not capable of being excluded or modified embody the entire agreement between the Website Owner and the User. Any contact with Customer Service Officers of the Website Owner that includes any negotiations, representations, warranties, arrangements and statements (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled by these Terms and Conditions of Use.